Please identify potential causes of action against Tom Cuban and Torshus Sports Agency and discuss the likelihood of success for those potential causes of action based on your understanding of tort law and the hypothetical facts provided above

Written Assignment 2: Torts Analysis
This written assignment is an issue-spotting exercise and related torts analysis of a hypothetical
fact pattern. For this assignment, you will need to identify potential causes of action and discuss
the likelihood of success for those potential causes of action based on your understanding of tort
law and the hypothetical facts provided below.
Hypothetical Fact Pattern
Tom Cuban was a sports agent with Show Me The Money Sports Agency who had signed a
contract agreeing not to compete with Show Me The Money for two years after the termination of
his employment with Show Me The Money. According to the terms of his covenant not to
compete with Show Me The Money, Cuban agreed to not work for a competing sports agency, to
not solicit any clients of Show Me The Money, and to not share any knowledge of proprietary
information of Show Me The Money.
Torshus Sports Agency is a sports agency that competes with Show Me The Money for clients in
several professional sports. Despite knowing about Cuban’s contract with Show Me The Money,
Torshus convinced Cuban to quit his job at Show Me The Money and immediately join Torshus.
Once Cuban joined Torshus, he quickly moved to sign many of his former clients, who were not
contractually precluded from terminating their agency relationships with Show Me The Money at
any time.
Cuban has been very successful at signing his former clients at Show Me The Money with the
same standard sales pitch. First, he tells potential clients a story about why he decided to leave
his former agency. For example, the following statements are a customary part of his story:
“Bob Mack [Cuban’s former partner at Show Me The Money] is the most unethical agent in the
business. Bob is known to accept kickbacks from teams and sponsors at the expense of his
clients. Plus he is an alcoholic who frequently engages in extramarital affairs with clients and
their spouses. I just can’t be associated with a person like Bob.”
Second, Cuban emphasizes his ability to analyze player data and turn that use of player data into
substantially larger contracts for his clients. Cuban actually took this player data with him from a
database of clients and potential clients developed by Show Me The Money. Show Me The
Money has long been admired in the industry for its unmatched success with using data analytics
to impress teams regarding the statistical value of signing its clients.
And, third, Cuban presents a marketing plan to each potential client directed toward attaining
player endorsement deals. To promote his proposed marketing plan, Cuban uses a computer
design program to create an advertisement showing Jordan James (perhaps the best athlete of all
time) drinking the popular sports drink GatorPower and thanking Torshus for securing the
endorsement. Cuban typically emails this advertisement to potential clients. Neither Jordan
James nor GatorPower had any idea about the advertisement.
Several clients contacted by Tom Cuban on behalf of Torshus informed Show Me The Money of
the above sales pitch. Upon learning of these client contacts, Show Me The Money began
contemplating legal action against Cuban and Torshus. It also notified GatorPower and Jordan
James of the advertisement, so that they could also consider potential legal action against Cuban
and Torshus.
LREB 315 Professor Bjorn Berg
Section 102 Fall 2020
Deliverable and Evaluation Criteria
Please identify potential causes of action against Tom Cuban and Torshus Sports Agency and
discuss the likelihood of success for those potential causes of action based on your understanding
of tort law and the hypothetical facts provided above. For each potential cause of action, please
provide a brief analysis (of approximately one paragraph per cause of action) that (1) identifies
the potential cause of action (e.g., defamation), (2) states the law with respect to that cause of
action (i.e., the required elements of the cause of action), and (3) provides factual support for your
conclusion regarding the likelihood of success (certain, likely, questionable, unlikely, doubtful,
certainly not, etc.) for that cause of action.
Example Paragraph – Dr. Cookie’s potential cause of action for defamation against Kim K
Dr. Cookie is unlikely to win a defamation lawsuit against Kim K for calling his cookie diet
“unhealthy.” To prevail in a lawsuit alleging defamation, a plaintiff must prove that the
defendant published a false statement of fact that has a tendency to harm the reputation of the
plaintiff. Here, Kim K’s statement that Dr. Cookie’s diet is “unhealthy” is an opinion rather than
a statement of fact, and opinions are protected from liability for defamation. In other words, Dr.
Cookie is not likely to be able to prove that his cookie diet is indeed healthy as opposed to
unhealthy. Instead, whether the cookie diet is healthy or unhealthy is more likely a matter of
opinion. Therefore, Dr. Cookie is unlikely to win a defamation lawsuit against Kim K for calling
his diet “unhealthy.”
This second written assignment is worth 10 percent of your final course grade. Your grade on
this written assignment will be based on the quality of both the content and the writing of your
analysis of each potential cause of action. With respect to the quality of the writing, your analysis
should be clear, concise, and precise; should use proper mechanics; and should flow smoothly

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